October 2019

DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

By | October 24th, 2019|Evidence - Civil|

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Production of Documents—Court can summon a document, through a person having possession of document, necessary for adjudication of dispute without asking such person to give evidence with regard to such document

By | October 24th, 2019|Evidence - Civil|

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September 2019

Supreme Court held that unless the execution of a Gift Deed is specifically denied, it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed.

By | September 29th, 2019|Evidence - Civil|

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August 2019

Held; A party should not be made to suffer because of the careless attitude of the counsel—Last opportunity granted to conclude entire evidence in time bound manner.   

By | August 25th, 2019|Evidence - Civil|

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April 2019

February 2019

Civil Procedure Code, 1908, O.18 R.3-A–Examination as own Witness–Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed

By | February 27th, 2019|Evidence - Civil|

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January 2019

Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

By | January 27th, 2019|Evidence - Civil|

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Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

By | January 21st, 2019|Evidence - Civil|

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October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

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May 2018

Closing of Evidence by order—Diet money but other expenses having been been deposited to summon the witness—Thereafter, it was the duty of the court to enforce the attendance of any witness through coercive methods.

By | May 24th, 2018|Evidence - Civil|

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Evidence Act, 1872, S.34–Bahi Entry-When commission against himself proves his Accounts, which were maintained in routine by him then examination of clerk who had made entry is not necessary.

By | May 1st, 2018|Evidence - Civil|

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April 2018

Defendant no-1 is suffering from various ailments and is an old lady of 80 years of age—She cannot travel a long distance from Bhopal to Chandigarh for examination—Direction issued to record cross examination through video conferencing.

By | April 7th, 2018|Evidence - Civil|

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March 2018

Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

By | March 21st, 2018|Evidence - Civil|

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Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

By | March 17th, 2018|Evidence - Civil|

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Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

By | March 4th, 2018|Evidence - Civil|

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January 2018

Withdrawal of suit—Liberty to file fresh suit—An application must disclose the technical defects in the pleadings which cannot be cured by any other means including the amendment application.

By | January 15th, 2018|Evidence - Civil|

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December 2017

Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

By | December 30th, 2017|Evidence - Civil|

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Closing of Evidence by order—To do justice, sometimes technicalities is to be ignored—One more effective opportunity granted.

By | December 18th, 2017|Evidence - Civil|

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It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

By | December 6th, 2017|Evidence - Civil|

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